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Filing a small estate affidavit is an efficient way to distribute assets of less than $50,000.00. If the deceased person had a will, then the assets would be distributed in ance to its terms. If the deceased did not have a will, then the assets would be distributed in based upon Tennessee intestacy laws.
To file a small estate affidavit, you must first wait for 45 days after the decedent's death. You're welcome to fill out the paperwork and try to get it started before that but you'll find that no probate court clerk will accept a small estate affidavit until after 45 days have passed so it's better to just wait.
?Estate? means the belongings of a person who has died. Under Tennessee law, there are simplified rules for handling a small estate. A ?small estate? is one in which the total value of the personal property of the estate is $50,000 or less. Many county probate courts have forms online to help you handle a small estate.
Under Tennessee statute, where as estate is valued at less than $50,000, an interested party may, forty-five (45) days after the death of the decedent, file with the clerk of court a small estate affidavit, and proceed to use said affidavit to collect any debts owed to the decedent.
You will also need to fill out a small estate affidavit, which we'll discuss in length in one moment. Finally, once all that is complete, you have to file your paperwork with whichever probate court was considered local to the decedent's final permanent residence.
If the decedent passed away with no will, or had a will but it did not waive bond, the Court will require the person filing the small estate affidavit to be bonded. Tennessee law states that the amount of bond will be the total value of the property subject to the small estate affidavit.
Following the deceased's passing, the executor has 60 days to turn in an inventory of the deceased's assets that need to go through probate.
?Estate? means the belongings of a person who has died. Under Tennessee law, there are simplified rules for handling a small estate. A ?small estate? is one in which the total value of the personal property of the estate is $50,000 or less. Many county probate courts have forms online to help you handle a small estate.